The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-03-05
SUPREME JUDICIAL COURT.

The following decisions and rescrpts were re-
ceiyed yesterday by The clerk of courts
CUMBERLAND COUNTY,
City OF Portland VS.. Union Mutual Life Insur-
ance Company.
Rcscript-On the first day of April. 1880 and
1883 the defendant corporation had its office and
principal place of business in the city of Portland
and legally taxable for its personal property was
corporation was taxable for its national bank
stocks, its bonds, securities and other personal
properly IN winch It's funds and annual earnings
nad been invested unless exempt therefrOm by one
the exceptions in IA of said chapter ii is
claimed that i Is exempt by the seventh excep-
ton enumerated In that section The courf IL n
opinion that such personal properly i'm which lis
funds and annual earnings aud premiums re-
c . from its policy holders wer. invested are
corporation as an accommodating iund for the
h he benefit Of heirs or other persons within
lore are not exempt from taxation.
Judgment for the plaintiff.
LEWIS Lewis Fierce, administrator in equity, vs.
catherine A. Stidw0rthy ct ais.
Rescrtpt By LtJJey, 1.-THE third clause in the
VIII OF John Stidworthy, who died in April. 1873.
reads as follows: 'Alf the residue Of nv estate
real, personal and mixed, of Which i shall die,
possessed, or which may be entitled to al nv
asecease, give devise and bequeath to my faith
iul wife, Catherine A. StidwOrtiy, for the fern Of
her life, with the right and power to dispose Of
Ine income, rents, profits and interest of the same
anu WIN the further right to apply to her USE if
needed, any part of the principal of the personal
properly, making her the sole Judge of the need
Of SO doing; and after her death give and devise
ule same, OF what may be lett unapplied and un-
consumer 70 my children TO be divided equally
between them, the children of my deceased child
70 take the share of their parent If All INV chill
uren and grandchildren shall die In the Lifeline az
ny saa VIE, then viii 1t shall go and belong 10
ner absolutely, TO dispose of at her pleasure End
u she does notdispose of it by gift or otherise
heirs" "' W her lawful
so In 1851 Stidworthy owned one-haIf of the
senVo1ner arcade, which was DESTROYED by the |
confederate cruiser Sumter, in November of thai
3edi, unuer the act of Congress of June r 1920 j
ade complainant as administrator of the win an,
for ana v sne estate OF SAID Stidworthy applied
age sustained by said Stidworthy for the desfrnc
uon Of SAID schooner, which after Settling his 40
t eonnt ~ probate amounted to $2,695.52 By the |
n is ~ MS VIII all OF the property and rights to
ppaoperly or claims for damage TO property |
possessed by said Stidworthy passed 10 his |
MiuoW 10 De held by her as therein specified The
saiadse sustained by him for the destruction of |
1%tu schooner was claim for damage to his |
ka ao ana property right which might have |
geen assigned by him at the time of his death al
~; itaousm mol recognized by the United States and
act If nn Rroylded for until the passage Of the
~ he court Is of the opinion that the widow of
an .9tiuworthyis entitled to the use of the above
hsnloneu tnnd paid by the United States 10 the
in bIs ant, 9naer provisions Of the third clause
I'm ,lis Will ana that she is entitled 10 the posses-
e lcn ana management Of it, but as she viii be |
fns SS S WIN tne trust of managing and presery-
len ~ I se nelrs who are TO take what may be
Il 10, a. ner ueath, as well for herself we think
y put reasonable, under the preIliiar circn Tn
@ ~ " tnls case, that, before 1t is paid over To
~ D,rohat ~ ieqnlred TO give bond 10 the Judge
De approved by him, conditioned for the faftbt "
management ana preservation of N a fi,nd aconrd
ing to the terms of the will ~" i"ii" dccord-
BIZ sustained Costs for complaint ia l,a ,,.ia |
out Of the estate Decree in accJrdance with P phiu
opinion. "i'ii 'iiis